How To Prove Medical Negligence In A Compensation Case
By Emily Jones. Last Updated 14th October 2024. On this page, you will find advice and information on how to prove medical negligence, and on the process of making a compensation claim once clinical negligence is proven. There is a personal injury claims time limit of three years, so as long as you are within this limit, this guide will be of use to you.
If you don’t have the time to read all of this guide, then you can contact Legal Expert on 0800 073 8804, and we will do our very best to answer any questions you may have, and get your clinical negligence claim started.
Select a Section:
- What Is Medical Negligence?
- How To Prove Medical Negligence When Claiming Compensation?
- Medical Negligence Breach Of Duty Of Care
- What Can I Claim After Proving Medical Negligence?
- Examples Of Medical Negligence Payouts
- No Win No Fee Medical Negligence Claims
- Useful Links On How To Prove Medical Negligence
What Is Medical Negligence?
Before we talk about how to prove medical negligence, let’s discuss when you could actually make a claim. First, you need to establish that medical negligence has occurred. But what is medical negligence?
When a medical professional treats you, they immediately owe you a duty of care. This means that they need to avoid causing you unnecessary harm and must make sure that the care they provide meets a minimum standard.
If they fail to do this, and you suffer avoidable harm as a result, then this is known as medical negligence.
It’s worth noting that not all harm in a medical setting is classed as medical negligence. For example, if you are put on chemotherapy to treat cancer, you’d be unlikely to make a successful claim for the negative side effects. This is because it’s a necessary part of your treatment. However, if you were put on chemotherapy for no reason, then you could potentially make a claim, because the harm you went through wasn’t necessary.
Keep reading to find out how to prove medical negligence, or contact our team of advisors today to find out if you have a valid claim.
How To Prove Medical Negligence When Claiming Compensation?
To prove a medical negligence case, evidence would have been submitted to prove clinical negligence took place. Evidence needed to prove medical negligence Includes:
- A full statement from the patient who suffered due to the clinical negligence of how it occurred, and the harm it caused them.
- The medical records of the patient, which can be used as a basis for uncovering the key facts of how the negligence harmed the patient.
- Photographs or video footage that show the harm caused, and potentially the external factors that caused the harm.
- Witness statements provided by any third party that has relevant information.
Legal Expert can arrange for you to receive a local medical examination, the results of which can be submitted as evidence in your clinical negligence claim case. Call us at the number at the end of this guide to find out how to arrange this.
What Can I Claim After Proving Medical Negligence?
When you make a personal injury claim for medical negligence, if you are successful in your claim, then the compensation you receive will be made up of a number of different types of damage pertaining to the pain and suffering of the injury and illness, as well as any financial losses you have faced due to the injury or illness. Typical damages that your overall settlement include are:
Claiming General Damages
Under the category of general damages, we find all the purely physical aspects of the injury or illness as well as its treatment and long-term prognosis, general damages can include, but are not limited to:
- A permanent change in life quality – if for example, your injury or illness has resulted in a permanent disability that will lower the quality of your life.
- Long-term recovery effects – during a long recovery period, if you are in constant pain and suffering, then you can claim compensation for this.
- Psychological damage – if your injury or illness has resulted in you contracting additional psychological problems such as new phobias, depression and anxiety you will be able to claim for them.
- Pain and suffering – caused by the initial injury or illness and also caused by the initial treatment you received. For example, if you slipped and broke a leg, there would be pain associated with both the accident itself and having your leg treated.
Claiming Special Damages
Under the category of general damages, we find all the purely non-physical aspects of the injury or illness. Primarily this will relate to financial losses the claimant has occurred, but it could also relate to ad-hoc damages such as missing the wedding of a child, an event that will never be repeated. However, typically under general damages, we find the following types of losses being compensated:
- Loss of future earning potential – if the long-term or permanent prognosis for recovery from the illness or injury is that you will have a reduced capacity to work.
- Loss of current earnings – if you have had to take an extended period away from work while the illness or injury heals, and you have lost out on income.
- Medical costs – if you have to pay for some type of medical care as a result of the injury or illness, you may be able to claim these costs back.
- Care costs – if you have had to employ somebody to help you around the house, or to provide medical care at home, then you can claim these costs back.
- Travel costs – to reimburse you for any travel you had to undertake to get the injury or illness treated or in regard to the claims case itself.
To get a much more accurate idea of the types of damages you can claim, call Legal Expert on the number at the bottom of this page.
Examples Of Medical Negligence Payouts
When making medical negligence claims, the amount of compensation you could receive depends heavily on what type of injuries you’re claiming for and how severe they are. You can view the table below to see compensation brackets for different injuries you may claim for as part of your claim under general damages:
| Injury | Compensation |
|---|---|
| Multiple Severe Form of Harm + Special Damages | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderately Severe Brain Damage | £267,340 to £344,150 |
| Total Blindness | In the region of £327,940 |
| Kidney Injuries a) | £206,730 to £256,780 |
| Female Reproductive Injuries a) | £140,210 to £207,260 |
| Established Grand Mal Epilepsy | £124,470 to £183,190 |
| Lung Disease (a) | £122,850 to £165,860 |
| Total Deafness | £110,750 to £133,810 |
| Total Loss of Smell and Significant Loss of Taste | £40,150 to £47,810 |
The compensation brackets featured in the table are taken from figures provided by the latest Judicial College guidelines. The brackets are based on payouts given out in past compensation claims. Solicitors working on a medical negligence claim may use these brackets as guidance to work out the value of injuries.
The brackets do not guarantee the amount of compensation you’ll receive when making your own claim. They can, however, at least give you an indicator of the general amount that may be offered depending on what exact injuries you’re claiming for.
For a properly calculated estimate of the level of damages you might claim, call Legal Expert on the number below to find out.
No Win No Fee Medical Negligence Claims
During the medical negligence claims process, you may choose to work with a solicitor. If you decide you would like to work with a solicitor for your particular claim, one of our solicitors could help you. They have years of experience handling various types of medical negligence compensation claims. Additionally, one may also offer to work with you on a No Win No Fee basis under the terms of a Conditional Fee Agreement.
When working with a solicitor under this arrangement, you will not be expected to pay them any upfront or ongoing fees for their services. If your claim is successful, your solicitor will take a percentage of your compensation as a success fee. The percentage that they can take is capped by law. Alternatively, if you have an unsuccessful claim, there will usually be no expectation for you to pay your solicitor for the work they have done on your medical negligence claim.
For further information about No Win No Fee claims for medical negligence, please speak to our team of advisors, who can help to explain this process further. They are available 24/7 to offer you free advice and answer any questions.
Contact our advisors today by:
- Calling on 0800 073 8804
- Using our live chat.
- Completing our ‘claim online’ form.
Useful Links On How To Prove Medical Negligence
A guide to claiming compensation for misdiagnosis medical negligence claims
If you want to claim misdiagnosis compensation contact our experts today for free legal advice.
At the link below, you will find statistics for cases of medical negligence in the UK published by the Department of Health:
Department of Health clinical negligence statistics
At the link below, you will find a full and detailed guide to making compensation claims for medical negligence:
A guide to medical negligence claims
At the link below, you will find a full and detailed guide to making compensation claims for hospital infections:
A guide to hospital infection claims
At the link below, you will find UK Government information about fixed cost clinical negligence claims:
UK Government information on fixed costs negligence claims
At the link below you can find out more about Clinical Negligence Scheme for General Practice:
Thank you for reading our guide on how to prove medical negligence.
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